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Convocation to a hearing before the Bureau des régisseurs

The Régie du bâtiment du Québec (RBQ) is responsible for issuing contractor permits and licences. However, if the legal conditions are not respected or if the contractor is in breach of his obligations, it is possible that the RBQ will refuse to issue a licence and will convene the contractor to a hearing.

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You are convened to a hearing

Reasons for the convocation

You may be convened to a hearing before the Bureau des régisseurs de la RBQ for the following reasons:

  • a breach or non-observance of one of the obligations related to the licence. For example:
    • Mr. X lends his name to Mr. Y, which is prohibited by the Building Act.
    • Ms. Y is CEO of a company that no longer merits the public's trust because it has performed many poor-quality jobs.
  • the filing of an application for the issue or amendment of a licence, for example:
    • Mr. X files an application for the issue of a licence. He is also CEO of a company that holds a suspended licence.
    • Mr. Z has already applied for a licence for a company, which was cancelled according to section 70 of the Act within the past three years.
  • an application for review of a decision.

Documents received

You have received 2 distinct documents by registered mail:

  • notice of intention: document informing you of the reasons why you are convened, with references to the Building Act and the details of documentary evidence the RBQ will file at the hearing.
  • notice of convocation: document ordering you to appear before the Bureau des régisseurs, to be heard at the place, date and time determined.

Have you filed an application for review of a decision? You will receive only one document, the notice of convocation.

Preparing for the hearing

It is very important for you to prepare before appearing at your hearing. In particular, you must ensure the presence of your witnesses and that you prepare your documents to be filed as evidence.

Do you need a lawyer?

You may be represented by a lawyer or you may act alone. If you choose to act alone, we recommend you study the Building Act, the related regulations and the Regulation respecting the rules of practice. This link open an external website of the Régie du bâtiment du Québec in a new window.

The Barreau du Québec offers a referral service to find a lawyerThis link open an external website of the Régie du bâtiment du Québec in a new window..

Legal persons may be represented by one of their officers or directors, or by a lawyer . This representative must file a written appearance, using the form [Fr] – PDF (593 KB). If the representative is not a lawyer, he/she must also provide a copy of his/her mandate (resolution of the Board of Directors or document signed by all the directors). These documents may be sent to the Bureau des régisseurs or filed on the day of the hearing.

Do you have witnesses?

You must subpoena your witnesses and ensure their availability. There must be customers or persons who have a personal knowledge of the facts related to the alleged breaches. All the witnesses must make their statements under oath.

How do you present your evidence?

If you plan to file documents (contracts, photos, letters, emails, etc.) to support your arguments, bring copies for the commissioner and the lawyer representing the RBQ.

Prepare your documents and organize them to find them easily. If necessary, prepare a list to ensure you file all the documents you consider relevant.

If your evidence is on electronic media, you must bring the necessary equipment to use it. For example, if your evidence is on a USB key, you must bring your laptop so that it can be shown.

Do you need to postpone the hearing?

Any request for postponement must be filed with the Bureau des régisseurs as soon as the impediment is known. The request must be made in writing as soon as possible. A postponement may be granted only for serious reasons, for which you must provide proof. Without a postponement, a decision may be rendered in your absence.

Contact information of the Bureau des régisseurs

35, rue de Port-Royal Est, Suite 5.05
Montréal (Québec) H3L 3T1
Fax: 514 873-0392
bureau.des.regisseurs@rbq.gouv.qc.ca

The day of your hearing

You must appear at your hearing according to the instructions of your notice of convocation. Here is some additional information.

Place

The hearings are held at 35, rue de Port-Royal Est, in Montréal, on the 5th floor. A room number is specified on your notice of convocation.

Paid parking is available.

Hearing procedure

In the hearing room, there are a commissioner, a court clerk, the RBQ lawyer and the witnesses. Since the hearings are public, it is possible that citizens or the media will attend.

The length of the hearing varies according to the needs. Your notice of convocation indicates the number of days for which your presence is required.

You must address the commissioner as "Mr. Commissioner" or "Madam Commissioner".

The commissioner begins the hearing by introducing himself/herself and asking each party to do likewise. The commissioner briefly explains the procedure for the day and the speaking order. The commissioner also has to ensure through impartial interventions that everyone clearly understands the hearing procedure. During the hearing, the commissioner may intervene at any time if he/she needs additional details or clarifications.

The party who requested the holding of the hearing - the RBQ, except in the case of an application for review of a decision - has the burden of proving the facts alleged in the application (notice of intention). This party presents its evidence first.

The RBQ lawyer summarizes the reasons why the person who is applying for a licence or the company that already holds a licence was convened. The RBQ lawyer then calls his/her witnesses and files the documents constituting his/her evidence. The witnesses must make a solemn undertaking to tell the truth before beginning their testimony. After each testimony, you will have the opportunity to question the witness. This is cross-examination.

When all the witnesses called by the RBQ have been heard and the documents have been filed, it is your turn to call your witnesses (if you subpoenaed them) or to deliver your own testimony. It is also at this stage that you file the documents (contracts, photos, letters, emails, etc.) in support of the evidence that you present. Subsequently, each of your witnesses, including you, may be cross-examined by the RBQ lawyer.

When each party (you and the RBQ) has finished calling witnesses and filing evidence, it is time for the representations. The party who presented evidence first begins. This stage does not involve a repetition of each testimony. This is the time to file copies of decisions on cases similar to yours or to explain why the decisions unfavourable to you should not be considered.

Dress code

Appropriate dress is required.

Languages (recourse to an interpreter)

The hearings are normally held in French, but may also be conducted entirely or partially in English. The lawyers and the witnesses express themselves in the language of their choice. You thus may express yourself in English, if you wish. If such is the case, we recommend that you inform the Bureau des régisseurs as soon as possible.

You may be accompanied by an interpreter if you think you need one to follow the hearing. This service is at your expense and you are responsible for hiring your interpreter. However, if you have a hearing disability, the RBQ assumes the costs of the interpreter. For this purpose, you must make a written request promptly to the Bureau des régisseurs.

Prohibitions and obligations

The ringer and alarms of your cell phone or your pager must be shut off or muted so as not to disturb the hearing. No food or beverage is permitted in the hearing room.

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